As a Company Secretary, one should advice the Board regarding compliances under various legislations. Refering the cases of mergers or amalgamations, state the circumstances that warrant compliances under any or all of s

The onus is on the Company Secretary for compliances under various legislations. In case of merger or amalgamations the following legislations are required to be looked into for the purpose of compliances: Companies Act, 2013 National Company Law Tribunal Rules, 2016 Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 Income-tax Act, 1961 SEBI (LODR) Regulations, 2015 Competition Act, 2002 Indian Stamp Act, 1899 Every company registered under the Company Law is required to make necessary compliances under the Companies Act, 2013, National Company Law Tribunal Rules, 2016, Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 and Income-tax Act, 1961 regarding capital gains or set-off and carry forward of unabsorbed depreciation or losses. Compliances are required under SEBI (LODR) Regulations, 2015 only in cases where mergers or amalgamations are between one or more listed companies. Provisions of the Competition Act, 2002 are applicable in case the companies involved in the compromise and arrangements are dominant and large undertakings in accordance with the provisions of the said Act. In case of non-banking financial companies, approval of RBI is required. Applicability of Indian Stamp Act depends on the State governed legislation and notifications.